Explanation
Council Variance Application: CV25-103
APPLICANT: Lotus Company; c/o David Hodge, Atty.; Underhill & Hodge; 8000 Walton Parkway, Suite 120; New Albany, OH 43054.
PROPOSED USE: Multi-unit residential development.
COLUMBUS SOUTHSIDE AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant has received a recommendation of approval from Staff and the Development Commission for a concurrent rezoning to the AR-O, Apartment Office District (ORD #0287-2026; Z25-056) for a multi-unit residential development of approximately 455 units. This concurrent Council variance request includes variances to parking lot screening, parking setbacks, required parking, dumpster area, building lines, and perimeter yard. Columbus Citywide Planning Policies (C2P2) Design Guidelines (2018) recommend parking reductions be considered based on pedestrian accessibility, access to transit, size and nature of use. As such, staff are supportive of the requested parking variance based on the site’s access to transit, pedestrian access, and the inclusion of this site for “Mixed-Use 3” in the Columbus Growth Strategy. Staff note that while a site plan commitment is not included with this request, the proposed multi-unit residential development at this site will encompass two future parcels, Parcel 1 and Parcel 2. Those future parcels are referenced in the variances below.
Title
To grant a Variance from the provisions of Sections 3312.21(B), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Required parking; 3321.01, Dumpster area; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City codes; for the property located at 1981 S. HIGH ST. (43207), to allow reduced development standards for a multi-unit residential development in the AR-O, Apartment Office District (Council Variance #CV25-103).
Body
WHEREAS, by application #CV25-103, the owner of property at 1981 S. HIGH ST. (43207), is requesting a Variance to allow reduced development standards for a multi-unit residential development in the AR-O, Apartment Office District; and
WHEREAS, Section 3312.21(B), Landscaping and screening, requires that screening be provided for parking lots located within 80 feet of residentially zoned property, and that any portion of a parking lot abutting any public street be screened for headlights on the perimeter adjacent to the public street, while the applicant proposes no parking lot screening on Parcel 2; and
WHEREAS, Section 3312.27, Parking setback line, requires a minimum 25-foot parking setback line from a street right-of-way, while the applicant proposes minimum parking setbacks of two feet from the Viaduct Drive Extension, and of seven feet from any other new public streets on Parcel 2; and
WHEREAS, Section 3312.49, Required parking, requires a total of 143 parking spaces for Parcel 1, and 541 for Parcel 2, a total of 584 spaces, while the applicant proposes zero parking spaces for Parcel 1, and 415 parking spaces for Parcel 2, for a total reduction of 169 spaces; and
WHEREAS, Section 3321.01, Dumpster area, requires that a dumpster not be located in any required yard, while the applicant proposes a dumpster to be located within the required building setback line on Parcel 1; and
WHEREAS, Section 3333.18, Building lines, requires a building setback line of 25 feet, while the applicant proposes a minimum building setback line of three feet from any new public streets on Parcel 1 and Parcel 2; and
WHEREAS, Section 3333.255, Perimeter yard, requires a minimum perimeter yard width of 25 feet, while the applicant proposes a minimum perimeter yard width of 12 feet on Parcel 2; and
WHEREAS, the Columbus South Side Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the requested variances would allow reduced development standards for a multi-unit residential development consistent with recent urban infill apartment complex developments; and
WHEREAS, said ordinance requires separate submission for all applicable permits and Certificates of Occupancy for the proposed development; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public streets, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 1981 S. HIGH ST. (43207), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance be granted from the provisions of Sections 3312.21(B), Landscaping and screening; 3312.27, Parking setback line; 3312.49, Required parking; 3321.01, Dumpster area; 3333.18, Building lines; and 3333.255, Perimeter yard, of the Columbus City codes; for the property located at 1981 S. HIGH ST. (43207), insofar as said sections prohibit the omission of any parking lot or perimeter landscaping or screening on Parcel 2; reduced parking setback lines of two feet from the Viaduct Drive Extension and seven feet for any other new public streets on Parcel 2; reduced required parking spaces from 143 to zero spaces on Parcel 1, and from 541 to 415 spaces on Parcel 2; a dumpster being located within a required building setback line on Parcel 1; reduced required building lines from 25 feet to three feet from any new public streets on Parcel 1 and Parcel 2; and a reduced perimeter yard of 12 feet for Parcel 2; said property being more particularly described as follows:
1981 S. HIGH ST. (43207), being 16.41± acres located on the west side of South High Street, 565± feet south of Hosack Street, and being more particularly described as follows:
16.408 Acre Boundary Legal Description
TRACT 1
Parcels 010-008499 and 010-112264
14.695 acres
Being part of Half Section 43, Township 5, Range 22, Refugee Lands and also part of Section 4, Township 4, Range 22, Congress Lands East of the Scioto, City of Columbus, Franklin County, State of Ohio and being part of Lot 1 of Nathaniel Merion's Sub. of Part of Half Sec. No. 43, Town. 5, Range No. 22, (Plat Book 1 page 195) and also a resurvey of a 15.916-acre tract conveyed to the 1981 South High, LLC by deed of record in Instrument Number 202306070055683 (Parcel # 010-008499 and Parcel # 010-112264) and being more particularly described as follows;
Beginning at an iron pin set at the northwesterly corner of Lot 2 in the Plat of Louisa J. Stewart Subdivision (Plat Book 2, Page 298), said point being in the easterly line of The Columbus Feeder of the Ohio-Erie Canal as acquired by the State of Ohio by the Canal Land Act of 1825 and as described in the Commissioner’s Register and as demonstrated on page 4 and 5 of the “Plat of the Columbus Feeder of the Ohio & Erie Canal…”, dated January 30, 1927, and, subject to a 99 year lease with the Columbus and Southern Ohio Electric Company, now known as the American Electric Company (AEP), as recorded in Lease Record 83 page 346 and also being the grantor’s southwesterly corner;
Thence along the grantor’s westerly line and the easterly line of The Columbus Feeder of the Ohio-Erie Canal North 02° 28' 19" West for a distance of 71.57 feet to an iron pin set at an angle point in said line;
Thence continuing along the grantor’s westerly line and the easterly line of The Columbus Feeder of the Ohio-Erie Canal North 03° 17' 00" West for a distance of 1078.51 feet to an iron pin set at the grantor’s northwesterly corner and the southwesterly corner of a 5.418-acre tract of land conveyed to Anderson Concrete Corp. by deed of record in Instrument Number 199904020083188;
Thence along the grantor’s northerly line and the southerly line of said 5.418-acre tract North 88° 11' 46" East for a distance of 283.47 feet to a 1” diameter solid iron pin in concrete found in the westerly line of CSX (Railroad) Transportation;
Thence along the grantor’s easterly line, the westerly line of said CSX (Railroad) Transportation, and a curve to the left having a radius of 1772.00 feet, a delta angle of 8° 00' 15", a chord bearing South 19° 41' 00" East, a chord distance of 247.34 feet for an arc distance of 247.54 feet to an iron pin set at the northerly corner of a 0.17-acre tract of land conveyed to Gustave S. Innis by deed of record in Deed Book 82, Page 273, said tract of land is designated as Auditor’s Parcel No.010-066158, being a “taxation only” parcel for the improvements for a siding access to the historic National Starch Manufacturing Company of Kentucky plant adjoining the westerly ROW line of the original Columbus, Hocking Valley and Toledo Railway Company (Deed Book 211 page 615) as conveyed to Gustave S. Innis in Deed Book 82 page 273;
Thence continuing along the grantor’s easterly line and the westerly line of said 0.17-acre tract South 14° 26' 28" East for a distance of 252.08 feet to an iron pin set at the southwesterly corner of said 0.17-acre tract;
Thence along the southerly line of said 0.17-acre tract and the grantor’s northerly line South 86° 45' 15" East for a distance of 70.53 feet to an iron pin set at the grantor’s northeasterly corner and the northwesterly corner of a 1.524-acre tract of land conveyed to Chesapeake and Ohio Railway Company as conveyed from the Hocking Valley Railway Co. by deed recorded in Deed Book 924 page 338, now known as CSX Transportation Inc, successor by merger, whose merger documents have been summarized and recorded as Official Record 13276 A14 and subsequently re-recorded as Official Record 13283 G13, originally partitioned to railroad ROW in Deed Book 280, Page 1;
Thence along the grantor’s easterly line and the westerly line of said 1.524-acre tract South 26° 59' 55" East for a distance of 579.74 feet to an iron pin set at the southwesterly corner of said 1.524-acre tract, said point being in the southerly line of Half Section 43, Township 5, Range 22, Refugee Lands and in the northerly line of Section 4, Township 4, Range 22, Congress Lands;
Thence along said Section Line, the grantor’s northerly line and the southerly line of said 1.524-acre tract South 86° 16' 43" East for a distance of 117.83 feet to an iron pin set at the grantor’s northeasterly corner and the northwesterly corner of Viaduct Drive (width varies), eminent domain appropriation on file in Franklin County Probate Court Complete Record Vol. 72 pages 418-434, see Ordinance 342-44;
Thence along the grantor’s easterly line and the westerly line of Viaduct Drive South 44° 30' 34" East for a distance of 122.51 feet to an iron pin set;
Thence continuing along the grantor’s easterly line and the westerly line of Viaduct Drive South 00° 20' 34" East for a distance of 129.99 feet to a ¾-inch diameter iron pipe found at the grantor’s southeasterly corner and the northeasterly corner of a 2.639-acre tract of land conveyed to Broadleigh Properties, LLC by deed of record in Instrument Number 201809100121942, said point being in in the northerly line of Lot 2 in the Plat of Louisa J. Stewart’s Subdivision (Plat Book 2, Page 298);
Thence along the grantor’s southerly line, the northerly line of said 2.639-acre tract and the northerly line of said Lot 2, North 85° 51' 22" West for a distance of 904.84 feet to the Point of Beginning and containing 14.695-Acres, more or less, of which 10.436-acres, more or less, are within Half Section 43 (Auditor' Parcel 010-008499-00) and 4.259-acres , more or less, are within Section 4 (Auditor' Parcel 010-112264-00), and subject to all legal easements, agreements and rights-of-way of record.
This description was prepared by Daniel L. Quick, Ohio Professional Surveyor Number 7803 from an actual field survey performed by Korda/Nemeth Engineering, Inc. in September 2025.
Bearings are based on the westerly line of Viaduct Drive being South 00°20'34" East as referenced to the Ohio State Plane Coordinate System (South Zone), NAD 83 with the 2011 NSRS adjustment (Epoch 2010.00). This bearing was established by GPS observations using the Ohio Department of Transportation Real-Time-Network (ODOT RTN).
Iron pins set are 5/8"x30" rebar topped by a yellow plastic identification cap, stamped "Korda Engineering"1.
TRACT 2
Parcel 010-066159
1.52 acres
Being situated in Half Section 43, Township 5, Range 22, Refugee Lands, City of Columbus, Franklin County, State of Ohio and being the same tract of land conveyed to The Columbus, Hocking Valley and Toledo Railway Company by deed of record in Deed Book 280, Page 1and being more particularly described as follows;
Beginning at the intersection of the original westerly right of way line of The Columbus, Hocking Valley and Toledo Railroad with the northerly line of Viaduct Drive (width varies) as dedicated by City of Columbus Ordinance 342-44 (dated 10/30/44), said point being the southeasterly corner of the hereinafter described tract and also being in the southerly line of said Half Section 43;
Thence along the southerly line of the subject tract, the southerly line of Half Section 42 and the northerly line of Viaduct Drive North 85° 07' 59" West for a distance of 256.86 feet to a point;
Thence along the westerly line of the subject tract North 26° 59' 00" West for a distance of
579.15 feet to a point in the original right of way line of The Columbus, Hocking Valley and Toledo Railroad;
Thence along said right of way South 86° 16' 00" East for a distance of 46.50 feet to a point;
Thence continuing along said right of way and a non-tangent curve to the left having a radius of 1739.00 feet, a delta angle of 10° 50' 41", a chord bearing South 39° 17' 40" East for a chord distance of 328.66 feet for an arc distance of 329.15 feet to a point;
Thence continuing along said right South 44° 43’ 00” East for a distance of 388.20 feet to the Point of Beginning and containing 1.52-Acres, more or less, and subject to all legal easements, agreements and rights-of-way of record.
This description was prepared by Daniel L. Quick, Ohio Professional Surveyor Number 7803 for Korda/Nemeth Engineering, Inc. from previous surveys and documents of record and is intended for the purpose of re-zoning and may not be used to transfer real estate.
The bearings in this description are based on the original westerly right of way line of The Columbus, Hocking Valley and Toledo Railroad being South 44° 43' 00" East as shown in Deed Volume 280, Page 1.
TRACT 3
Parcel 010-066158
0.17 acres
Being part of Half Section 43, Township 5, Range 22, Refugee Lands, City of Columbus, Franklin County, State of Ohio and being part of Lot Number 1 in Nathaniel Merion’s Subdivision of Part of Half Section 43, Town 5, Range 22 (Plat Book 1, page 195) and being the remainder of a tract of land conveyed to Gustavus S. Innis by Deed Book 82, Page 273, said tract of land is designated as Auditor’s Parcel No.010-066158, being a “taxation only” parcel for the improvements for a siding access to the historic National Starch Manufacturing Company of Kentucky plant adjoining the westerly ROW line of the original Columbus, Hocking Valley and Toledo Railway Company (Deed Book 211 page 615) as conveyed to Gustave S. Innis in Deed Book 82 page 273 and at the Southwesterly corner of the right of way of CSX Transportation (railroad) and being more particularly described as follows;
Commencing at a survey nail set at the intersection of the original centerline of High Street with the southerly line of Half Section 43;
Thence along the southerly line of Half Section 43, the northerly line of Viaduct Drive (width varies), eminent domain appropriation by the City of Columbus on file in Franklin County Probate Court Complete Record Vol. 72 pages 418-434, see Ordinance 342-44, and the northerly line of a 11.33-acre tract of land conveyed to 1981 South High LLC by deed of record in Instrument Number 202306070055683, North 86° 16' 43" West for a distance of 314.80 feet to an iron pin set at the southwesterly corner of a 1.524-acre tract of land conveyed to Chesapeake and Ohio Railway Company as conveyed from the Hocking Valley Railway Co. by deed recorded in Deed Book 924 page 338, now known as CSX Transportation Inc, successor by merger, whose merger documents have been summarized and recorded as Official Record 13276 A14 and subsequently re-recorded as Official Record 13283 G13, originally partitioned to railroad ROW in Deed Book 280, Page 1 (Parcel # 010-066159);
Thence along the westerly line of said 1.524-acre tract and the easterly line of said 11.33-acre tract North 26° 59' 55" West for a distance of 579.74 feet to an iron pin set at the True Point of Beginning;
Thence continuing along the easterly line of said 11.33-acre tract North 86° 45' 15" West for a distance of 70.53 feet to an iron pine set;
Thence continuing along the easterly line of said 11.33-acre tract North 14° 26' 28" West for a distance of 252.08 feet to an iron pine set in the westerly right of way line of CSX (railroad) Transportation;
Thence along the westerly right of way of CSX (railroad) Transportation and a curve to the left having a radius of 1772.00 feet, a delta angle of 09° 06' 58", a chord bearing South 28° 14’ 36" East, a chord distance of 281.64 feet for an arc distance of 281.90 feet to the Point of Beginning and containing 0.170-Acres, more or less, and subject to all legal easements, agreements and rights-of-way of record.
This description was prepared by Daniel L. Quick, Ohio Professional Surveyor Number 7803 from an actual field survey performed by Korda/Nemeth Engineering, Inc. in September 2025.
Bearings are based on the northerly line of Viaduct Drive being North 86°16'43" West as referenced to the Ohio State Plane Coordinate System (South Zone), NAD 83 with the 2011 NSRS adjustment (Epoch 2010.00). This bearing was established by GPS observations using the Ohio Department of Transportation Real-Time-Network (ODOT RTN).
Iron pins set are 5/8"x30" rebar topped by a yellow plastic identification cap, stamped "Korda Engineering".
TRACT 4
Parcel 010-103973
0.023 acres
Situated in the County of Franklin in the State of Ohio and in the Township of Marion and bounded and described as follows:
being the fourth tract conveyed to The National Steel Company by D. Wiley McCaughay (bachelor) by deed dated February 27, 1899, and recorded in Deed Book 316, page 51, and described as follows:
Being the northwest corner of lot #2 of the subdivision of a lot of land belonging to the heirs of L. J. Stewart in Section 4, Township 4, Range 22, Refugee Lands. Commencing at a point where the north line of said lot #2 intersects the east line or the right of way of the Columbus feeder of the Ohio Canal; thence southwardly along the east line of said Columbus feeder 40 feet; thence east 25 feet; thence north about 40 feet to the north line of said lot #2; thence along the north line of said lot #2 about 25 feet to the place of beginning, containing .0228 acres, more or less. Also the right of way for water pipe from the south east corner of said described tract to a point five feet north of the south line of said lot #2, 800 feet from High Street; thence parallel with the south line of said lot #2 and five feet north of said south line 800 feet to the west line of the extension of High Street.
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for multi-unit residential development, or those uses permitted in the AR-O, Apartment Office District.
SECTION 3. That this ordinance is further conditioned on general conformance with the building elevations titled, “BUILDING ONE EXTERIOR ELEVATIONS,” “BUILDING TWO EXTERIOR ELEVATIONS,” and “BUILDING THREE EXTERIOR ELEVATIONS” dated January 17, 2026, and signed by Eric Zartman, Attorney for the Applicant. The elevations may be slightly adjusted to reflect engineering, topographical, or other site data developed at the time of the development and when engineering and architectural drawings are completed. Any slight adjustment to the building elevations shall be reviewed and may be approved by the Director of the Department of Building and Zoning Services, or a designee, upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and Certificates of Occupancy for the proposed development.
SECTION 5. The applicant shall implement the right-of-way improvements that are determined to be necessary by the traffic impact study for the Site, as approved by the Department of Public Service.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.